Owners Corporation - Strata Plan No. 8450 v Owners Corporation - Strata Plan No. 54547

In the case between Owners Corporation – Strata Plan No. 8450 and Owners Corporation – Strata Plan No. 54547, the dispute arose regarding the rights of a carriage way established in 1956. The central issue before the court was whether these rights of way should be deemed obsolete under section 89 of the Conveyancing Act 1919 (NSW). Specifically, the question was whether the original grant of the rights of way to Lot A was intended to consolidate with an adjacent lot, thereby conferring the benefits of the rights of way to that adjacent lot.

The court examined the circumstances surrounding the grant of the rights of way and the intentions of the parties involved at the time of the grant. It was crucial to determine whether there was an intention to benefit the adjacent lot, which would have implications for the current owners and their respective strata corporations. The court considered the historical context, the original deeds, and any subsequent developments or changes in the property layout.

After thorough analysis, the court concluded that the rights of way were indeed intended to benefit the adjacent lot. The intention behind the grant was to facilitate the consolidation of the lots, thereby ensuring that the adjacent lot would also enjoy the rights of way. The court deemed it appropriate to apply section 89 of the Conveyancing Act 1919 (NSW) to extinguish the rights of way in light of these findings. The final outcome was that the rights of way were deemed obsolete, and the intended benefits were now properly attributed to the adjacent lot.